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of modern challenges. First of all, equating investor-State arbitration with depoliticisation of investment disputes …, leaving the dispute otherwise unchanged. Secondly, one critique of investment arbitration questions its adequacy for resolving …
Persistent link: https://www.econbiz.de/10013135618
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of … protection rules. The overall thesis is that conceptual challenges faced by investment arbitration may be illuminated by the …
Persistent link: https://www.econbiz.de/10013064265
The mechanism of Investor-State Dispute Settlement (ISDS) allows private foreign investors to challenge government measures before an ad hoc international arbitral tribunal. ISDS has been in existence for a long time. Yet recently this mechanism has proven very controversial, notably in the...
Persistent link: https://www.econbiz.de/10013015517
compensation - is far from clear. Furthermore, procedural matters, such as decisions regarding the place of arbitration or the …
Persistent link: https://www.econbiz.de/10012722319
In the investment arbitration Philip Morris v. Uruguay the arbitral tribunal rejected Philip Morris' claim that Uruguay … (IP). The article explores the concept of ‘public policy' and how IP law, WTO law as well as international investment law …, i.e. the legal regimes relevant to IP-related investment arbitration, deal with public policy considerations. The …
Persistent link: https://www.econbiz.de/10012897777
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received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key … criticism levelled at investment treaty arbitration is that public interest disputes are decided by a system of private justice …. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid …
Persistent link: https://www.econbiz.de/10014352506
The paper argues that focusing only on disputes formally raised in the WTO Dispute Settlement system underestimates the … extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of 'specific … covered areas. -- WTO ; specific trade concerns ; SPS and TBT Committees ; dispute settlement …
Persistent link: https://www.econbiz.de/10009722025
in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the … between them. The basic conclusion is that legislators’ silence concerning this relationship should speak volumes to WTO … adjudicating bodies: MEAs should not be automatically understood as imposing legally binding obligations on WTO Members, but could …
Persistent link: https://www.econbiz.de/10010206814